Probate is for the Dogs

My favorite general store plaque is "I wish I were half the man that my dog thinks I am." It really is true, every night when I come home from my long day of being a probate lawyer in Massachusetts, Hobart, my 4 month old Australian Shepherd, thinks I walk on water. He is always happy to see me, no matter what. I wish I could say the same for the rest of my household! The bond between an owner and his pet can be quite strong, so strong in fact that many of our clients treat their furry friends as objects of their estate planning, creating elaborate Massachusetts trusts that provide for lifetime care and protection of their dear Fido (or worse, a parrot or turtle each of which can live beyond a human lifespan!). Lack of planning for the disposition of a pet, which at common law is nothing more than a piece of personal property like a sofa or a pair of skis, can cause all sorts of disagreement. See this article that was recently in the odds and ends part of Boston.com: ------------

Most-wanted part of $2M estate: the dog

May 8, 2007

MEMPHIS, Tenn. --A man who didn't have a will left a $2 million estate, but the most hotly contested item in court has been his golden retriever, Alex.

The four-way dispute over the 13-year-old pet was so intense, an attorney was appointed to represent the dog's interest. On Monday, the judge decided the man's divorced parents should split custody, The Commercial Appeal reported.

"At first glance, the petition seems almost frivolous, but after speaking with all parties, it is evident that this is a highly emotional issue for all involved," said Alex's attorney, Paul Royal, in his report to the probate court.

Ron Callan Jr., 35, committed suicide on New Year's Day. He had been a partner with his father in Callan Salvage & Appraisal Co., and the father was named the estate's administrator.

In the consent order the judge approved, the elder Callan and his ex-wife, Esther Snow Gnall, will trade custody of Alex every two weeks. Both parents also agreed to take the dog to the veterinarian for arthritis treatments and any other needed procedures.

Before the agreement was reached, the elder Callan had custody and took Alex to work during the day. The father has cats at home, though, so at night, the dog stayed with Callan Jr.'s former girlfriend, who had known Alex since he was a puppy.

The son's fiancee also was interested in Alex, and Gnall had said if she won custody, she would allow the fiancee to spend time with the dog.

Royal, the dog's attorney, said he believes all four people love Alex and would take good care of him, but they were using the fight for the dog to punish each other for past transgressions.

"This case is similar to a bitter custody battle involving children where each party loves the children, but the kids are stuck between two people who cannot coexist," the attorney said in his report. ---------- King Solomon is alive and well in the Probate Court. Our estate planning practice routinely brings out discussions with our clients about what is important to them - not just avoiding probate or saving on estate taxes, but more holistic issues like disposition of pets, articles of sentimental value, and more importantly the clients legacy. We have had much more call for "ethical wills" or "legacy wills" wherein clients impart not only a distribution of their assets to their heirs, but also impart accumulated wisdom regarding their personal and family history. I'm a strong believer in demonstrating to future generations lives well lived in their family's past - how did we get here? What obstacles did our ancestors overcome? What can we achieve in the next generation? One measure of our humanity is how we care for those that depend upon us for their very existence, our pets. So why not spend just a little time thinking about your pets future and estate planning for your pet so that it does not become the subject of a protracted battle in the probate court?